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DOI: Commercial defamation in the context of comparative advertising and advertising through commercial events within the framework of chinese law
Jaafar Hussein Hasan , Master’s In International Law, Wuhan University, China Abdullah Aqeel Hussein Al-Sagaabi , Master’s Student In International Law, Wuhan University, ChinaAbstract
Reputation applies to both legal entities and natural persons. Since every market entity strives to establish a positive reputation in order to promote its goods, reputation is a crucial attribute for market entities in commercial economic activities. Advertising, in which businesses advertise their goods to emphasize their benefits and market them as effectively as possible, is one strategy to establish this reputation. These organizations may, nevertheless, use advertising by contrasting their product with that of another economic entity in addition to simply displaying their own. They may plan a ceremony to display and contrast their product with that of another organization, or they may employ conventional advertising techniques. They might also try to promote their product by disparaging the quality of goods made by other organizations.
As a result, this study offers an analytical examination of commercial defamation, its concept, and comparative advertising—the practice of comparing the product of one company with that of another—with reference to European and American law and the framework of Chinese law. In addition, the study investigates whether the idea of comparative advertising—or advertising in general—applies when a product is presented and contrasted with another product during a ceremony instead of using conventional advertising techniques.
Keywords
Commercial Defamation, Comparative Advertising, Commercial Ceremonies
References
Unfair Competition Law of the People's Republic of China [2017]
Advertising Law of the People's Republic of China [2018]
General Principles of Civil Law of the People's Republic of China [1987]
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Copyright (c) 2025 Jaafar Hussein Hasan, Abdullah Aqeel Hussein Al-Sagaabi
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors retain the copyright of their manuscripts, and all Open Access articles are disseminated under the terms of the Creative Commons Attribution License 4.0 (CC-BY), which licenses unrestricted use, distribution, and reproduction in any medium, provided that the original work is appropriately cited. The use of general descriptive names, trade names, trademarks, and so forth in this publication, even if not specifically identified, does not imply that these names are not protected by the relevant laws and regulations.